Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1985)14ITD218(All.)
..... the copyright in this case. he, therefore, held that such income was assessable in the hands of the assessee in terms of section 60 of the income-tax act, 1961 ('the act'). he also rejected the other contention of the assessee that he was following cash system of accounting. the ito held that the assessee had been following mercantile system of ..... contention with regard to the income accruing from lok bharti. according to him, such income was also assessable in the hands of the assessee under section 61 of the act.this section states that all income arising to any person by virtue of a revocable transfer of assets shall be chargeable to income-tax as the income of the transferor ..... gives the assessee a right to re-assume power directly over the whole of the income and the assets, i.e., the copyright. under the indian income-tax act, 1922, the assignments which were not revocable for a period exceeding six years were considered irrevocable transfers. there is, however, a change in the 1961 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1986)16ITD243(All.)
..... was no valid trust inasmuch as the conveyance of the property to the trustees envisaged in the trust deed was not executed by the deceased.gostha behari chose v. university of calcutta air 1972 cal. 61.reliance was-placed on the following observations as appearing in the judgment : incidentally, mr. saktinath mukherjee who followed mr. chakraborty to ..... 11-1983 appearing at page 13 of the paper book submitted by the assessee. he further pointed out that a decree had also been passed on 10-9-1985 by the kanpur civil judge in a declaratory suit in manzoor alam versus the assessee by which it was declared that the aforesaid property was in the ownership ..... in respect thereto arose to the assessee during the assessment year under appeal. it was submitted before him that no legal formalities under the transfer of property act, 1882 and indian registration act, 1908, needed to be complied with in the present case. the ito observed that under the general principles of law of transfer of property, a .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1987)20ITD739(All.)
..... also apply to the case where the assessee had suffered loss. similar is the view of the hon'ble supreme court in the case of cit v. j.h. gotla [1985] 156 itr 323. thus, this contention of the assessee also cannot be accepted, as the facts of the case discussed at various paragraphs, would show. of course, the ..... against the common order of the commissioner (appeals), by which he has partly sustained the penalty imposed by the ito under section 271(1)(c) of the income-tax act, 1961 ('the act'). the ito imposed a penalty of rs. 5,23,427 which was reduced by the commissioner (appeals) by his separate order to rs. 22,620. the assessee's ..... finding of suppression of production any where. in our opinion, this observation of the commissioner (appeals) is not sustainable, as the tribunal in the quantum appeal did not act as alleged. the tribunal did consider the facts and figures in the quantum appeal before coming to the conclusion that even the excise register cannot be relied upon for giving .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1987)22ITD306(All.)
..... these appeals for disposal by this common order.2. we shall take up the appeal by the assessee for the assessment year 1981-82, being ita no. 169(alld)/1985, in which the grounds of appeal are that the commissioner of income-tax (appeals) [cit (a)] erred in confirming the assessment made by the income-tax officer ..... action of the assessing officer was upheld. hence, this appeal by the assessee.28. it is submitted vehemently by the assessee's learned counsel that the authorities below acted illegally and without jurisdiction in directing the assessee to re-audit the accounts as required under the above section, and that too after recasting the accounts entirely on ..... of the corporation. it is urged that the claim of the assessee cannot be supported on this point particularly in view of section 215(3) of the companies act. according to the revenue, the fact that return was filed on un-approved account would not invalidate the first return. the learned departmental representative refers to the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1989)28ITD85(All.)
..... amounts did not lose their real commercial character.in this connection, he referred to a decision of the tribunal in the case of abdul majid paramjit singh v. ito [1985] 14 itd 27 (delhi). in this case, the tribunal under similar circumstances, have considered the decision in the case of tirunelveli motor bus service co. (p.) ltd ..... 1,97,330 to zonal development council commission under the govt. of bihar's notification issued by virtue of the power conferred by section 48(1) of bihar sugarcane act, 1969. it was, however, admitted that the zonal development council commission, to which commission had been paid, was not approved by the prescribed authority. both the ..... been crystallised, by filing of any suit by any customer against the assessee, which was a necessary condition for determination of liability under section 72 of the contract act. according to him, if there was any such liability, it was contingent in nature. in this connection, he also observed that the duty of repayment of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1989)28ITD413(All.)
..... by the revenue and cross-objection by the assessee relate to the assessment year 1981-82 and are directed against the order of the oit (appeals) dated 8th january, 1985. 1. that the learned cit(a) has erred on facts and in late (sic) in holding that the assessment framed under section 143(3)/144b is vitiated and ..... section 129 cannot be applied at this stage. therefore, he completed the assessment after incorporating all the directions issued by the iac (central) under section 144b(4) of the act.3. aggrieved by the assessment framed, the assessee took up the matter in appeal before the cit (appeals). it was contended before him that since the proceedings had not ..... to 30th june, 1984. on that date written reply was filed on assessee's behalf.meanwhile the assessee had also filed an application under section 129 of the it act demanding that the entire proceedings, which had been undertaken by the predecessor ito be reopened and heard afresh. the ito was of the view that the directions received .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1988)27ITD581(All.)
..... should be related to the assessee's business but the weighted deduction would be allowable if the scientific research was undertaken by a scientific research association or a university as referred to in section 35(l)(ii) under a programme approved by the prescribed authority. according to the assessee, the main object of the corporation is ..... had already been recognised by the govt. of india, department of science and technology and the period of recognition had been further extended up to 31-3-1985 and the cit(a) has conclusively found that there cannot be any dispute now that the assessee was carrying on research and development operations. this finding of ..... subsidiaries.the assessee, therefore, claimed that the expenditure incurred on research and development was for the purpose of business and deduction was allowable under section 35 of the act. the assessee claimed, relief under that section to the extent of rs, 19,23,250 out of which rs. 15,83,208 related to the expenditure for .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1993)44ITD695(All.)
..... of the assessee that no penalty was imposable on such a disallowance and had tried to distinguish the decision of hon'ble delhi high court in cit v. rita malhotra [1985] 154 itr 550 relied upon by the learned counsel for the assessee, but we do not agree with the learned cit (a) on that score. the hon'ble delhi high ..... assessee and when the right to receive the income" has accrued to the assessee. it was further held that no power is conferred on the income-tax officer under the act to relate back an income that accrued or arose in a subsequent year to another earlier year, on the ground that income arose out of an earlier transaction. the said ..... included in the total income of the appellant was pending before the learned itat, there was no escapement of income within the meaning of section 147 of the income-tax act, 1961 and proceedings under section 147 are against the law. any proceedings taken including the imposition of the impugned penalty of rs. 1,56,201 in consequence of an illegal .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1997)62ITD169(All.)
..... centres and to provide teaching for the mental and physical development of common man. 8. to provide moral and ethical education in the schools, universities and other educational institutions. 9. to do or perform any other act which may be incidental or conductive to the attainment of any of the objects of the society.29. the learned counsel thereafter stated that it ..... the decision of the a-bench of the tribunal, delhi in the case of s.r.m. foundation of india for asst. yr. 1981-82 in ita no.983(del)/1985, dt. 14th april, 1987. the tribunal had taken into account, the decision of the supreme court in the case of sole trustee loka shikshana trust (supra) and following the ratio ..... not carry out transcendental meditation (tm), yet tm itself was an education. reliance was placed on a decision of a-bench, delhi of the tribunal in ita no. 983 (del)/1985 for asst. yr. 1981-82 in the case of ito vs. s. r. m. foundation of india, new delhi. it was next stated that the decision in the case of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1997)62ITD284(All.)
..... ); 23. the learned counsel fairly stated that the full bench of the gujarat high court had taken a contrary view in the case of bardolia textile mills vs. ito (1985) 151 itr 389 (guj) (fb), but subsequently the matter stood concluded in the assessee's favour by the decision of the supreme court in modi industries ltd. & ors ..... a) did not accept these contentions. she took a view that action under s. 154 can certainly be resorted to because charging or paying interest under the provisions of it act, 1961, was mandatory and not discretionary, except where there is a specific provision for waiver. the ao was, therefore, justified in resorting to s. 154.14. the ..... applicable to the present case and, therefore, the assessee's arguments revolved round the issue that interest was payable to the assessee under s. 244(1a) of the act. the assessment order has spelled out the following three conditions for allowance of such interest, which were also accepted by the assessee's learned counsel : (i) the .....
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